Q: We bought the house 1 year before getting married when my wife left over 2 years ago she stooped paying her 1/2 part of the mortgage taxes and insurance. I have been paying the entire bill. Is it still considered a marital residence in a divorce? how should it be split? Does she have any valid claim to the house?
A: David's Answer: If the house is in both names, then it's joint property & will need to be divided. Thus, you can either resolve the issue in the divorce action, or start a separate partition action. The fact that she used her maiden name on the original deed is of no consequence. The equity value should presumptively be split 50-50, with due credit for 1/2 of the principal you paid off with your payments. Speak further with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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